Overstayed B2 because of being caregiver to your own grandma

[pedropil 0]

Hello everyone,

It's my fourth time visited the US and overstayed. 6months and extended my stay of another 6 months legally and overstayed for 401 days.

I am aware that i am banned for 10years.

The reason i overstayed is for my grandmother (aunt of my dad). Originally my cousin (daughter of my uncle/My Uncle is the son of this grandma) is the one's who taking of her, In short she is the once capabale and since before she the once who handled all paper works for grandma. But she cant doing this is hard for her because she has 3 kids, a home office and a household work. So i volunteered to do this and helping a family. Taking care of my grandma for the first 6 months you will be emotionally attached, because you know how to take good care for her, especially cooking best authentic food from our origin country. Our way of caring are going an extra mile and because that is our culture. It's hard to live like that especially in her situation. I fix everything for her, 24/7 care giver. She passed away 100 1/2 years old.

Before my status expired i was trying to change status, i was hired by one employer but they dont sponsor me. Trying to apply for F1 but we dont have enough money.

I went home voluntarily in my own expense to fix my life again. I am now resident here in canada together with my wife.

During my b2 status i obtained Drivers License and able to renew it under the AB60 of California. I do have ITIN, Bank Account as well before and recently got my FBI police clearance certificate. I have no criminal record.

My questions are.

I want to apply for tourist visa again together with the 212(d)(3) Non-immigrant Visa Waiver.

What is the procedure? documents needed.

Thank you.

[canadian_wife 1,829]

You have driver's licence, an ITIN and a bank account. Plus an overstay of over 400 days. You'll have to overcome the immigrant intent that is glaring.

Have you looked at this link? http://www.smartimmigrationlawyer.com/212d3-waiver/ I hope it is helpful

good luck

PS - are you Canadian?

[pedropil 0]

thank you for the reply. PR status. I wan to get back just to visit my family there whose been close to me, visit the tomb of my grandmother on her birthday and attend to mass with the family.

[NigeriaorBust 4,087]

You overstayed your visa by a over a year and worked illegally. ( caring for grandma is illegal work ) I wouldn't buy tickets yet because you have a lot to overcome

[Unlockable 7,315]

Apply.

Expect denial.

Go from there.

[newacct 688]

There's no separate form to apply for a nonimmigrant waiver. If you apply for a visa and are denied because of the ban, you can ask the consular officer to apply for a waiver. But, you can also be denied the visa for reasons unrelated to the ban -- for failing to overcome the presumption of immigrant intent (the most common reason visitor visas are denied), and there is no waiver for that.

[Boiler 46,104]

I would be gobsmacked if you obtained a B but no harm trying.

[Pinkrlion 2,724]

You overstayed your visa by illegally working and falsifying your relationship by saying she was your grandmother and then you want to file a waiver. It was not your responsibility to take care of your Great Aunt. Your family could have hired a caretaker through the Eldercare programs of the state.

Wow! This is a prime example of the US immigration problems.

You can waste your money, but you should just wait your 10 year ban then reapply.

Edited June 3, 2016 by Pinkrlion

[pedropil 0]

I worked voluntarily for free and its fine especially in our culture. Its like household work.I really have no intention to overstay, it's just hard to leave her like that especially you know how to take good care of her, even the nurse whose checking on her are amazed on what your doing. We dont want her in the nursing home, cant afford it, and my grandma she dont want there too.

Its better to apply in the border for that application from here in Canada.

Thank you all for the reply.

[newacct 688]

Its better to apply in the border for that application from here in Canada.

You responded above that you are a Canadian PR. You need a visa to visit the US, and you would apply for a waiver (if denied because of the ban) when applying for a US visa, not at the border.

Edited June 3, 2016 by newacct

[JFH 12,191]

I worked voluntarily for free and its fine especially in our culture. Its like household work.

Unfortunately for you, the United States considers this to be work. You were performing duties that a citizen could expect to be paid for so therefore it is work. It's not about what happens in your culture, this is their house so it's their rules. Your uncle's mother (she is not your grandmother) lives in the USA and in the USA caring for relatives is work.

You are changing your story to suit yourself here. Initially you said you cared for her like a nurse and she was so sick that you had no option but to stay and care for her but when told that this is work you now say it was "just like household work" to make it sound like it wasn't really work. Which is it? Either way, even if you only washed her dishes once a day that is still work.

Financial situation is not a reason to overstay. Why didn't you go home, get a paid job and send money to your great-aunt to help her pay someone? After all, if it was "only household work" then she could have someone come to the house a couple of hours a day to wash the dishes and mop the floors. Many of us with spouses in the United States could say "we can't afford the plane tickets to travel back and forth all the time so we will just stay illegally". It doesn't work like that. It's not the government's problem that you don't have the money to do what you want.

Simply put, you were bestowed a great privilege by the USA, you abused that privilege in quite a big way. Why would they bestow the same privilege upon you again? Would you lend someone your car who had previously borrowed it and damaged it?

[Penguin_ie 5,996]

I agree you worked illegally; it doesn;t matter if this is normal in your culture, by US law you took work away from a US citizen or greencard holder who might otherwise have been paid for it.

I agree your chances of a tourist visa are very close to 0, but if you have the money to waste, no harm trying. How long has it been since you left? The longer the better. Veware that even after your ten years ban are up, it will be hard for you to get a visa due to the overstay and illegal work.

[Shauneg 762]

I worked voluntarily for free and its fine especially in our culture. Its like household work.I really have no intention to overstay, it's just hard to leave her like that especially you know how to take good care of her, even the nurse whose checking on her are amazed on what your doing. We dont want her in the nursing home, cant afford it, and my grandma she dont want there too.

Its better to apply in the border for that application from here in Canada.

Thank you all for the reply.

Have you thought about moving your great aunt to where you are so that you might take care of her there? Seems the most logical choice given all the information you've told us.

[Boiler 46,104]

Have you thought about moving your great aunt to where you are so that you might take care of her there? Seems the most logical choice given all the information you've told us.

She is dead.

He also mentioned having a job, presumably the need for an ITIN.

Edited June 3, 2016 by Boiler

[subwayguy 100]

The reason i overstayed is for my grandmother (aunt of my dad).

Above all of those, aunt of your dad is not your grandmother, am I the only one noticing this?